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If someone is a major witness in civil court

  • mrskc
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23 Mar 10 #193728 by mrskc
Topic started by mrskc

If someone is a major witness in civil court (family court)

And is ill what should they do?
Can they dismiss the person as a witness?

Even thought the said person fighting will not get a fair trial as this witness is essential to the process


  • TBagpuss
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23 Mar 10 #193740 by TBagpuss
Reply from TBagpuss
If the witness is too ill to attend court then the person who requires their evidence would need to ensure that the Court was made aware of the situation and could apply for the relevent hearing to be adjourned - they would need to provide evidence such as a doctors letter or medical certificate and culd also ask the court to consier alternative - e.g. can the person give evidecen by video link? Is there a different court closer to their home which they could attend? Could they attend if they had appropriate support?

Generally speaking,it is the responsibility of the person wantingto call a witness to make sure that the witness comes to court.

If you know that your witness cannot come it would be sinsble to raise this as soon as possible, rathert han waiting until the day of the hearing.

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